We live on a small island with a large population. Private property – our right to own our home – is a fundamental principle of English law. But we need appropriate controls on what is built where to balance the private and public good. Without them, we would have construction anarchy.
Planning is the antidote. It exists to protect local people and the environment by ensuring that new homes are served by schools, open spaces, roads and other crucial infrstructure. It makes sure the right development occurs in the right place, with the right protections and quality standards in place.
However, despite the best intentions, planning, particularly at a city or district scale is complex and it can seem overwhelming.
For many people, the very phrase planning process creates a sense of baffling rules, impenetrable jargon, and endless procrastination. There’s also a feeling that a minority of objectors can too easily block progress. Some objections are, of course, made with good intentions but others can block the progress of desperately needed new homes simply through a fear of change.
In this two-part journal piece, we want to help demystify planning, first by simplifying many of its key steps, and then, in part 2, explaining the role of the Master Developer in creating the best outcomes for local people and new places. This will also discuss the involvement of objectors.
Importantly, planning may appear to be a binary decision where a one-off vote gives a green (or red) light to a project, but in practice it’s a multi-layered process that is rarely explained clearly for those who are not involved in it day-to-day. Here is a step-by-step summary of the planning process for new places:
1. Early discussions
Most large schemes begin with informal conversations between us, the council and, in our case, local people. This helps to flag potential challenges and opportunities early and shape our proposals around them.
2. Outline Planning Permission
This is the first formal stage which sets the broad principles for some fundamental elements of the new place:
- What the land will be used for (homes, schools, green spaces, etc).
- The development size including the number of homes or commercial floor space, and
- Key routes and access points
Our applications, that include more than 500 homes, must be accompanied by an Environmental Impact Assessment (EIA). This assesses the likely impact of the development and proposes appropriate levels of mitigation. The developer is obliged to deliver these. For example, where development impacts surface water drainage patterns, strategies are required to manage surface water within the site.
Outline Planning does not cover details like house design, landscaping or exact layouts. Those come later at the Reserved Matters stage.
3. The Determination Period (Public and Statutory consultation)
Once an application is submitted, neighbours and community groups are notified and invited to comment. Again, in our case, this is part of a much wider engagement process as we get to know people from across the community, from homeowners to those running schools, clubs and societies. Their feedback can (and should) help shape the new place. Getting this wrong or paying lip service to engagement can lead to refusal later down the line.
Every application is assessed against the Local Authority’s Local Plan (and sometimes Neighbourhood Plans), alongside technical studies such as traffic modelling, flood risk reports, ecology surveys and heritage assessments.
4. Planning Controls
The Local Authority can ensure that the local area and people who already live there benefit from the development of the new place:
a. Planning Conditions
These require the developer to undertake specific actions to ensure that the site is delivered in the best possible way. It ensures that the local area is sufficiently protected and enhanced by the new place. Some must be discharged before work begins; others during construction.b. Section 106 Agreements (S106)
A legal contract between developer and council ensures the development contributes to local needs. In our case, we will be aware of these needs well in advance and will often have suggested ways we can best support the community. This may include:
- Affordable housing
- New schools and healthcare provision
- Parks and public spaces
- Transport improvements
c. Community Infrastructure Levy (CIL)
Some councils also apply a fixed levy on new developments to fund local services such as roads, hospitals and playgrounds.5. Decision Making
The Planning Officer weighs all material planning considerations, additional information and comments on the application, including the policies in the Local Plan.
They then make a recommendation to the Planning Committee, made up of elected Councillors. The recommendation will include conditions or S106 obligations required to make a proposal acceptable.
The Planning Committee meeting is held in public, with opportunities for individuals to address the committee prior to its decision. The Committee can ask questions of the Planning Officer to seek clarification.
A vote is then held among members of the Planning Committee. If passed, the scheme receives ‘Resolution to Grant’ status. Thereafter, there follows a period of refinement to the S106 Agreement, which must be signed by the council and applicant before the Council’s decision is formally issued.
There follows a six week ‘Judicial Review’ period where anyone who believes the appropriate legal process has not been followed can apply to have the decision reviewed by the High Court. At the end of that period, you might hear that the project has received a ‘Clean Consent’.
6. Appeals
If permission is refused, or conditions are disputed, the developer can appeal to the Independent Planning Inspectorate.
7. Reserved Matters Applications
Almost all planning consents are conditional: they are given pending the submission of further information – from drawings to strategies.
In the case of large outline consents with the green light to proceed, more detailed plans will be submitted to confirm the detail of matters which have been ‘reserved’ at the outline stage.
Typically, Reserved Matters relate to the appearance, means of access, landscaping, layout and scale of the development. These must be in accordance with the Outline Planning Permission.
Building can begin only when Reserved Matters are approved, and relevant planning conditions and S106 obligations are met, although for large sites this happens in phases, and there may be many Reserved Matters and applications to discharge conditions over several years.
8. Delivery, monitoring and enforcing
During construction and the ‘occupation’ of the new place, the Local Authority will continue to monitor compliance with all the relevant conditions and legal obligations. They have the right to take enforcement action if promises are not delivered on time. At no point do landowners and developers have carte blanche to avoid their obligations!
That’s the context. And if you still find this confusing, you’re not alone. There lies the problem with planning. It’s neither a short, nor linear process. But, much like democracy, nobody has yet come up with a better alternative!
In Part 2 of this article, we’ll explain the crucial role a Master Developer can play in successfully managing a project through this process.